Technical Formalism Vs Substantive Justice: A Critique On Kuldeep Singh Sengar’s Suspension Of Life Sentence
- IJLLR Journal
- 2 minutes ago
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Keya Sarkar, Assistant Professor, School of Law, Siddhartha Academy of Higher Education, Vijayawada, Andhra Pradesh, India
Vemuru Leela Krishna, Assistant Professor, S.V.D. Siddhartha Law College, Vijayawada, Andhra Pradesh, India
ABSTRACT
The ever long struggle between technical formalism and substantive justice is an important challenge in the criminal justice system in India. This paper is carrying out a critical analysis of the judgment of High Court in the case of Kuldeep Sengar and the importance here is given to the suspended sentence that was given to him by the courts. It makes a detailed analysis of the factual background and evidentiary findings, which were recorded by the Trial Court, explaining the seriousness of the offences, the nature of the conviction and the conditions under which the sentence was passed. Against this backdrop, the paper observes that the High Court decision to stay the execution was based on a disproportionate prioritization of technical considerations to the detriment of substantive justice, the rights of victims as well as public confidence in the judiciary. The paper then goes on to analyze the Supreme Court's stay of the suspended sentence as a form of corrective judicial intervention that promotes the primacy of substantive justice over procedural and technical formalism. Through this examination, the paper adds to the broader debate regarding judicial discretion in sentencing and may contribute to the broader debate regarding public policy coordinates when it comes to sentencing and the balance between process safeguards and satisfying justice.
Keywords: Technical Formalism; Substantive Justice, Suspension of Sentence, Judicial Discretion, High Court Criticism, Supreme Court Intervention, Criminal Justice System, Victim Rights.
